662
Opinion of the Court
Subsequent decisions have reiterated the Argersinger-Scott "actual imprisonment" standard. See, e. g., Glover v. United States, 531 U. S. 198, 203 (2001) ("any amount of actual jail time has Sixth Amendment significance"); M. L. B. v. S. L. J., 519 U. S. 102, 113 (1996); Nichols v. United States, 511 U. S. 738, 746 (1994) (constitutional line is "between criminal proceedings that resulted in imprisonment, and those that did not"); id., at 750 (Souter, J., concurring in judgment) ("The Court in Scott, relying on Argersinger[,] drew a bright line between imprisonment and lesser criminal penalties."); Lassiter v. Department of Social Servs. of Durham Cty., 452 U. S. 18, 26 (1981). It is thus the controlling rule that "absent a knowing and intelligent waiver, no person may be imprisoned for any offense . . . unless he was represented by counsel at his trial." Argersinger, 407 U. S., at 37.
B
Applying the "actual imprisonment" rule to the case before us, we take up first the question we asked amicus to address: Where the State provides no counsel to an indigent defendant, does the Sixth Amendment permit activation of a suspended sentence upon the defendant's violation of the terms of probation? We conclude that it does not. A suspended sentence is a prison term imposed for the offense of conviction. Once the prison term is triggered, the defendant is incarcerated not for the probation violation, but for the underlying offense. The uncounseled conviction at that point "result[s] in imprisonment," Nichols, 511 U. S., at 746; it "end[s] up in the actual deprivation of a person's liberty," Argersinger, 407 U. S., at 40. This is precisely what the Sixth Amendment, as interpreted in Argersinger and Scott, does not allow.
Amicus resists this reasoning primarily on two grounds. First, he attempts to align this case with our decisions in Nichols and Gagnon v. Scarpelli, 411 U. S. 778 (1973). See Brief for Amicus Curiae by Invitation of the Court 11-18
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